Ethics With an Attitude: Comments on New Directions for Keck Philanthropy

Terrell asserts that the W. M. Keck Foundation should turn its attention to a different set of challenges and opportunities involving legal ethics and the future of the legal profession. The education emphasis for the foundation should shift to the busy practitioner

Transovereignty: Separating Human Rights from Traditional Sovereignty and the Implications for the Ethics of International Law Practice

Part I of this Article develops some necessary perspective on transovereignty and its importance to law and ethics by reflecting first on traditional sovereignty. A few competing positivist and anti-positivist theories of the emergence of political and legal systems will be briefly reviewed to reveal significantly different pictures of the possible role played by rights-claims in political development. Part II extends one of those theoretical models to help us describe more fully the nature and importance of the special political phenomenon of transovereignty. Part III examines briefly a particularly strong example of transovereignty at work: the impact of the Catholic Church on local political activities in Poland. Widening the Article\u27s perspective, Part IV speculates briefly on the implications of transovereignty for the legal ethics of lawyers practicing human rights law. The Article addresses the question, for example, of whether lawyers as a professional group, with their shared reverence for the rule of law as a governing political ideal - an ideal of orderliness that they view as a “human right” all its own - are themselves becoming a significant transovereign force

The first occurrence of the Ponto-Caspian invader, Hemimysis anomala G.O. sars, 1907 (Mysidacea) in the UK

An invasive Ponto-Caspian mysid, Hemimysis anomala G.O. Sars, 1907, was recorded in England for the first time in 2004. Usually a deep water species, in England H. anomala has been observed in shallow waters, in which it shelters under or within anthropogenic structures during daylight. This behaviour renders traditional, net-based survey methods ineffective. Therefore, a distribution survey of the English East Midlands was conducted by searching for individuals by torchlight after dark. H. anomala was found to be widespread within the study area, occurring at 24 out of 51 sites surveyed. However, the geographical limits of its distribution were not determined. The species occurred at low densities in canals and in backwaters of the River Trent, whilst dense swarms were observed in September 2005 in a regatta lake connected to the River Trent. H. anomala has the potential to spread through England's canal network and could colonize the lower reaches and estuaries of rivers including the River Thames and River Severn. Habitat preference analysis indicated that flowing water and absence of shelter prevented population establishment, although the species' U.K. distribution suggests that it can migrate through such areas of unsuitable habitat

The Art of Legal Reasoning and the Angst of Judging: Of Balls, Strikes, and Moments of Truth

An essay of only five short paragraphs published several years ago by the noted Harvard paleontologist Stephen Jay Gould about a controversial call by baseball umpire Babe Pinelli provides all the foundation necessary for a thorough investigation of the phenomenon of legal reasoning. The present article contrasts Gould’s analysis of a “strike” with the comment by then-Judge John Roberts at his Supreme Court confirmation hearings that he just wanted to “call [the] balls and strikes,” and through this exchange develops a new approach toward identifying—and teaching—the basic elements of sophisticated legal thinking. This article divides legal reasoning into four interrelated elements that anchor and structure the complex process that lays “beneath” the more traditional references to “analogy” and “characterization” and the like on which the existing literature on the topic focuses. The challenge of legal reasoning, and the difficulty of being a decision-maker in this context, arise from the fact that each of these elements generates its own special forms of disagreement and controversy, all of which lawyers and judges attempt to resolve satisfactorily. The result is a complicated, but patterned, thought process that corresponds to the equally complicated, but patterned, nature of the law itself. The four elements of legal reasoning developed in detail here are: 1) Text: understanding the subtle “is/ought” distinction that animates the language in which the law is expressed; 2) Context: identifying with care the “scale” of the circumstances (micro or macro) that will characterize the legal controversy; 3) Hypertext: determining not just the normative values, but the kind of values (categorical or consequential) that will justify an argument or result; and 4) Subtext: appreciating the institutional and political circumstances of the judiciary within our form of government. The last of these categories will in fact be argued as the true, or at least the only plausible, basis for Justice Roberts’ evidently simplistic comment about “balls and strikes.

OPENING REMARKS—TWELFTH VERTEBRATE PEST CONFERENCE

On behalf of the Vertebrate Pest Council, welcome to the 12th Vertebrate Pest Conference. Every other year since 1962, the Vertebrate Pest Council has sponsored the conference with the primary objective of bringing individuals interested in vertebrate pest control together to discuss problems and solutions of mutual concern. The main objectives of the conference are: 1. To exchange information on vertebrate pest management and related matters. 2. To advance environmentally safe vertebrate pest management methodologies. 3. To build cooperation with public and private agencies in solving vertebrate pest problems. 4. To consider and promote discussion and interaction among agencies and others about problems of mutual concern in the field of vertebrate pest management. 5. To foster educational work in vertebrate pest management. 6. To encourage research by both public and private agencies on vertebrate pest problems and their solutions. 7. To promote uniformity and coordination of activities among agencies and individuals concerned with the regulatory aspects of vertebrate pest management

A Qualitative Descriptive Case Study of Special Education Teachers\u27 Experiences Utilizing Interactive Whiteboards for Students with Autism Spectrum Disorder in Elementary Self-Contained Classrooms

The purpose of this qualitative descriptive case study was to describe the experiences of special education teachers who use Interactive Whiteboards (IWBs) to instruct students diagnosed with autism spectrum disorder (ASD) in elementary self-contained special education classrooms. The theoretical framework for this study includes the persuasive technology theory and the social learning theory. Ten special education teachers from two elementary schools in a suburb of north Georgia will be asked to participate in this study. Data collection included an individual interview, and participant letters, followed by a focus group. Data analysis consisted of categorical aggregation, development of naturalistic generalizations, and development of themes. The methodology for this qualitative study followed the recommendation of Yin (2014) and has four stages: design the case study, conduct the case study, analyze the evidence, and develop the conclusion, recommendations, and implications

The Art of Legal Reasoning and the Angst of Judging: Of Balls, Strikes, and Moments of Truth

An essay of only five short paragraphs published several years ago by the noted Harvard paleontologist Stephen Jay Gould about a controversial call by baseball umpire Babe Pinelli provides all the foundation necessary for a thorough investigation of the phenomenon of legal reasoning. The present article contrasts Gould’s analysis of a “strike” with the comment by then-Judge John Roberts at his Supreme Court confirmation hearings that he just wanted to “call [the] balls and strikes,” and through this exchange develops a new approach toward identifying—and teaching—the basic elements of sophisticated legal thinking. This article divides legal reasoning into four interrelated elements that anchor and structure the complex process that lays “beneath” the more traditional references to “analogy” and “characterization” and the like on which the existing literature on the topic focuses. The challenge of legal reasoning, and the difficulty of being a decision-maker in this context, arise from the fact that each of these elements generates its own special forms of disagreement and controversy, all of which lawyers and judges attempt to resolve satisfactorily. The result is a complicated, but patterned, thought process that corresponds to the equally complicated, but patterned, nature of the law itself. The four elements of legal reasoning developed in detail here are: 1) Text: understanding the subtle “is/ought” distinction that animates the language in which the law is expressed; 2) Context: identifying with care the “scale” of the circumstances (micro or macro) that will characterize the legal controversy; 3) Hypertext: determining not just the normative values, but the kind of values (categorical or consequential) that will justify an argument or result; and 4) Subtext: appreciating the institutional and political circumstances of the judiciary within our form of government. The last of these categories will in fact be argued as the true, or at least the only plausible, basis for Justice Roberts’ evidently simplistic comment about “balls and strikes.

WILDLIFE DAMAGE IN AUSTRALIA: CONSTRUCTIVE CONTRASTS WITH THE UNITED STATES

There are numerous wildlife damage problems in Australia. The major pests include rabbits (Oryctolagus cuniculusl, foxes (Vulpes vulpes/, starlings (Sturnus vulgarisl, feral cats (felts catus/, donkeys (Equus asinusl, goats (Capra hircusl, buffalo (Bubalus trutralisl, pigs (Sus scrofal, all of which have been introduced. The dingo ICanis familiaris dingo/, classified as being a native species by most people, is the primary native animal causing problems, although others, such as kangaroos and several native bird species, are pests in some areas. The Australians spend considerable amounts of money on wildlife damage control research. The people of Western Australia take a regulatory approach to most of their wildlife problems. The concept of declaring species as pests allows the Australians to regulate what can and should be done to control these species. Australian wildlife control programs range from conducting control activities to simply advising as to what should be done. The Australians often designate areas where control should (or should not) be undertaken. This approach allows clear decisions to be made about control program expenditures and resource deployment